Dexter Smith v 1) Attorney General 2) Commissioner of Police 3) Corporal Portia Nicholas 4) Sergeant Samuel Smart
| Jurisdiction | Grenada |
| Judge | PRICE FINDLAY, J. |
| Judgment Date | 07 October 2010 |
| Judgment citation (vLex) | [2010] ECSC J1007-1 |
| Court | High Court (Grenada) |
| Docket Number | CLAIM NO. GDAHCV2008/0328 |
| Date | 07 October 2010 |
IN THE SUPREME COURT OF GRENADA
AND THE WEST INDIES ASSOCIATED STATES
HIGH COURT OF JUSTICE
(CIVIL)
CLAIM NO. GDAHCV2008/0328
Mr. Ruggles Ferguson with Ms. Anika Johnson for the Claimant
Mr. Adebayo Olowu for the Defendants
This matter arises out of the arrest of the Claimant on charges of possession of a controlled drug, importation of a controlled drug and trafficking of a controlled drug.
As a result the Claimant filed a Claim in which he sought the following relief:
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a) Damages for malicious prosecution…which said prosecution commenced on the 7th December 2004 and ended on the 13th December 2007;
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b) Legal fees in the amount of EC$6,000.00 which he incurred as a result of the charges laid against him;
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c) Interest on both awards of damages and legal fees claimed, $6,000.00 at the rate of 6 percent per annum from the date of arrest on the 7th December 2004 to judgment and at the said rate of 6 percent per annum from the date of judgment to the date of payment or at such rate and for such period as the Court shall deem fit;
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d) Further or other relief;
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e) Costs.
The claim for false imprisonment was discontinued pursuant to the Order of Master K, Cenac-Phulgence (Ag.) dated December 12,2008.
The Claimant in this matter, Dexter Smith, was an employee of LIAT (1974) Ltd. on the 6th October 2004. He is a married man with three small children.
He was at work on the 6th October 2004 when he was approached by a fellow employee, Kyron Nicholas, and informed that he Nicholas had bags to drop off and asked him if he wanted to do the job. Nicholas told the Claimant that the bags belonged to his neighbours.
Sometime later (approximately 2 hours) Nicholas informed the Claimant that he had cleared the bags. The Claimant got his vehicle and Nicholas placed the bags in the Claimant's vehicle. Nicholas also told the Claimant that there was one more bag to be cleared but he would do that after the last flight came in.
After the arrival of the last flight the Claimant was informed by another employee, Andy Greenidge, that he should remove the bags from his vehicle as Nicholas had been caught "trying to clear a bag with drugs".
The Claimant took the three bags out of the jeep and rested them on the ground, and dropped Greenidge to his home at Frequente, He returned to the airport, went looking for Nicholas. He did not speak to him that evening and went home. He decided to take the (3) bags home with him, and as he completed placing the bags in the vehicle, two police officers approached him. He recognized one of the officers as the third Defendant. He did not recognize the other officer.
He was questioned about the bags. He explained that he received the bags from Nicholas who cleared them and that they were to be dropped off to Nicholas' neighbours at Dixie in Springs.
He was asked to open the bags. He did so, The bags were searched, nothing illegal was found. He was told he was free to leave.
He brought the bags back to the airport the following day, and at around 11:00 a.m. he and Rawle Alexander went in Alexander's vehicle to drop the bags for Nicholas at Dixie.
He had a conversation with Nicholas on the 8th October when Nicholas told him that he was clearing the bags for his cousin who was from abroad.
On the 7th December, the Claimant reported for work and was told by his supervisor that the police wished to see him. He was seen by the third and fourth Defendants at the LIAT office where he was informed that they had a warrant to search both his vehicle and his home.
He states that he looked at the warrant it was not signed, but the officers told him that it did not matter, they were going to search his home regardless. Nothing illegal was found in either the vehicle or the home.
The Claimant then accompanied the officers to the South St. George Police Station where he was questioned. While there Nicholas came in and was questioned in the Claimant's presence. Nicholas indicated that it was the Claimant who had asked him to clear the bag for a friend. The Claimant accused Nicholas of being a "stinking liar". Nicholas replied that he was trying "to save your ass".
The Claimant was informed after this interview that he was going to be charged with possession of cannabis and for trafficking.
He appeared at St. George's Magistrate's Court on 9th December 2004 and was granted bail in the sum of EC$100,000.00 with two sureties. He was suspended from his employment until March 2008 without pay as a result of the charges.
He went on trial; the trial concluded on 13th December 2007 when a no case submission made by his Attorney was upheld.
He testified that not only was he suspended from his job but that he suffered injury to his reputation and livelihood. He said that he lost his ability to earn overtime pay; he lost promotions and salary. He also asserts that the charges were filed maliciously and without reasonable and probable cause.
He testified that he had a life insurance policy which lapsed due to non payment of the monthly premium. He testified that it was due to his suspension that he was unable to meet the $700.00 per month premiums. The policy lapsed in January 2005. No further particulars were given with respect to the policy.
He also testified that he paid some EC$6,000.00 to his Attorneys for his defence in the Magistrate's Court.
Under cross-examination he denied ever having done any business with Nicholas. He denied knowing where Nicholas lives. He denied giving Nicholas any instructions. He only knew Nicholas as a co-worker. He specifically denied clearing any bags or asking anyone to clear any bags on his behalf. He admitted to dropping bags off for Nicholas, but that was all.
His position was baggage handler, Nicholas was baggage agent. The baggage handler assisted the baggage agent. If unaccompanied luggage arrived, the baggage handler would put them to one side; the baggage handler would then take inventory of the bags and would call the passenger and arrange to get the bags to them. LIAT would deliver bags to passengers on occasion.
If the passenger wants LIAT to deliver the baggage, it is for the baggage agent to go to Customs and deals with the Customs Officer. It is up to the Customs Officer to decide whether the bag can be cleared without the passenger being present. He asserted that the baggage handler has no authority to clear bags.
Leanwall Perrotte testified that on 6th October 2004 Nicholas cleared three bags which had arrived at the then Point Saline International Airport after the passengers to whom they belonged had arrived. She said that the bags had been lying in the Customs area waiting to be cleared.
Nicholas came and told her he had a bag to clear for his cousin, She said she was present when Nicholas had cleared three bags earlier. She was not the Customs Officer who assisted him.
She testified that Nicholas did not mention the Claimant's name in relation to any of the bags.
When Nicholas approached her about the one remaining bag, he did not have the requisite paperwork. She observed that the bag was locked with a padlock. The bag carried the name Paul Jones with St. Vincent, Grenada as the address.
Nicholas was calm. She provided some keys. Nicholas opened the bag. When the bag was opened she saw several plastic bags. Nicholas commented "What kind of old cheese and old pudding that man have." Previously, according to her testimony, Nicholas had said that the bag had clothes and food.
She testified that she recognized what was in the bag. It appeared to be compressed cannabis. She asked Immigration to contact the police. Nicholas was asked who his cousin was. He responded it was an old time cousin. The bag and Nicholas were handed over to the police.
Andy Greenidge testified that on the day in question he was relaxing at the airport with the Claimant when Nicholas approached the Claimant and asked him to deliver some bags for his neighbours. If the Claimant was the mastermind behind this matter, why would Nicholas be asking him to deliver the bags to Nicholas's cousin.
Nicholas brought the bags to where he and the Claimant were. The Claimant brought the van around and he put the bags into the van.
Sometime later he told the Claimant to get the bags out of the vehicle and drop him (Greenidge) home.
Rawle Alexis is also an employee of LIAT. He testified that on 7th October 2004, while at work at about 5:00 a.m., the Claimant asked him if he knew where Nicholas lived as he had three bags for him. The Claimant told him he wanted to drop the bags off for Nicholas. Alexis told the Claimant that he knew where Nicholas lived and when he got a break he would accompany the Claimant to drop off the bags.
At around 9:00 a.m. both he and the Claimant went to Dixie in Springs to drop the bags for Nicholas. They went in Alexis' car. Alexis called Nicholas, who came and picked up the bags. There was a conversation between Alexis and Nicholas. The Claimant, however, did not come out of the vehicle. Nicholas took the three bags and went into his house.
The Defendants' case was supported by the evidence of the third Defendant, Corporal Portia Nicholas, who, according to her, is not related to Kyron Nicholas, one of the main protagonists in this matter.
She was at the date of the incident, 6th October, 2004, a Detective Corporal of the Royal Grenada Police Force. She said she received a report and proceeded to the airport. On her arrival, she went to the Immigration Department.
When she arrived she observed Immigration Officers around a black suitcase; they were...
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